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Enforcement

Forms for Enforcement

Brief descriptions of content are provided to help you decide which packet you may wish to use. The descriptions are not intended to provide you with complete information about the law or court procedure involved in each packet. For more information, please consult with an attorney.

Parenting Plan Enforcement (Oregon and Out-of-State Orders)

If a judge signed a court order or judgment that establishes parenting time and if the order is currently valid and is being violated by the other parent, you may request enforcement of this order or judgment. Most local courts have created their own enforcement forms which may be found at "Parenting Plan Enforcement".

If your court does not have local forms, you may use the forms in this packet. Check with your local court first. The forms may be used whether you were the petitioner or the respondent in the original case (dissolution, separation or unmarried parent petition) provided you believe the parenting plan is being violated by the other parent. If you are seeking to enforce an out-of-state parenting time plan or order, you may also need to complete the forms in the packet for Registration of out-of-state Custody and Parenting Time Judgments.

Enforcement of Custody (Oregon and Out-of-State Orders/Judgments)

If a judge previously signed a court order or judgment granting you custody, and if the order or judgment is still current and valid, but the other parent is now withholding custody, you may use this packet. This packet allows you to request that the judge sign an order of assistance. If the judge signs it, a law enforcement agency in the county where the child is located will be directed to pick up the child and deliver the child to you.

If you are seeking to enforce an out-of-state custody order/judgment, you may also need to complete the forms in the packet for Registration of out-of-state Custody and Parenting Time Judgments. Oregon law prevents this procedure from being used when parenting time is being violated but custody is not really being withheld. ORS 107.437(5). If parenting time is being violated, use your local court's enforcement forms which may be found at "Parenting Plan Enforcement", or the Instructions and Forms in this packet. If you have any doubt about the right to custody, you may wish to seek legal advice.

Registration of Out-of-State Custody and Parenting Time Judgments

This packet applies when you want to enforce either a parenting time or custody order or judgment that was entered in another state. If the out-of state order or judgment is still in effect (not changed or vacated), you may use this packet to have the order or judgment "registered" and "confirmed" in an Oregon court. In most cases, you will want to complete this process before using the other packets to request enforcement.

Contempt

This packet can be used when a party has failed to comply with (obey) an order or judgment of the court. The packet is for “remedial” sanctions only; it does not include a request to put the other party in jail for violating an order. This is also NOT to be used to enforce child support awards or custody or parenting time orders. If you have child support enforcement issues, contact the Oregon Division of Child Support. If you have custody or parenting time enforcement issues, see the other enforcement packets on this web page.

 

"What to Do if Child Support or Spousal Support (Alimony) is not being paid."

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